AMAYA v. GARDEN CITY IRRIGATION, INC.

Case No. 03-CV-2814 (FB) (RML).

645 F.Supp.2d 116 (2009)

Fredy AMAYA, Samuel Estrada, Jose Alvarado, Luis Campos, Juan Antonio Garcia, Paul Lopes, Thomas Baez, Leoladio Acosta, Jose Hernandez, Jose Garcia and Pedro Gil, individually and on behalf of others similarly situated, Plaintiffs, v. GARDEN CITY IRRIGATION, INC., Garden City Maintenance, Inc., Michael Moonan, Donna Milcetic, First National Insurance Company of America, RLI Insurance Company, Universal Bonding Insurance Company, and Adam Tedesco, Defendants. First National Insurance Company of America, Third-Party Plaintiff, v. Adam Tedesco, Third-Party Defendant. Adam Tedesco, Fourth-Party Plaintiff, v. Garden City Irrigation, Inc., and Donna Milcetic, Fourth-Party Defendants.

United States District Court, E.D. New York.

July 13, 2009.


Attorney(s) appearing for the Case

Robert Wisniewski, Esq., New York, NY, for Plaintiffs Campos, Juan Antonio Garcia, Lopes, Baez, Acosta, Hernandez, Jose Garcia and Gil.

Marina Trubitsky, Esq., New York, NY, for Plaintiffs Estrada and Alvarado.

Raymond Nardo, Esq., Mineola, NY, for Defendants Garden City Maintenance, Inc., and Moonan, and Defendants/Fourth-Party Defendants Garden City Irrigation, Inc., and Milcetic.

Jonathan Bondy, Esq., West Orange, NJ, for Defendant/Third-Party Plaintiff First National Insurance Company of America.

Todd Gardella, Esq., Melville, NY, for Defendant/Third-Party Defendant/Fourth-Party Plaintiff Tedesco.


MEMORANDUM AND ORDER

BLOCK, Senior District Judge:

Defendant/Third-Party Defendant/Fourth-Party Plaintiff Adam Tedesco ("Tedesco") appeals Magistrate Judge Levy's September 5, 2008 ruling that plaintiffs' claims against him, first raised in an amended complaint, would relate back to the filing of the original complaint on June 6, 2003. The Court held oral argument on July 8, 2009; for the following reasons...

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